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It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 16 V.S.A. § 2902 is amended to read:


(a) Within each school district's comprehensive system of educational services, each public school shall develop and maintain an educational support system for children who require additional assistance in order to succeed or be challenged in the general education environment. The educational support system shall, at a minimum, include an educational support team and a range of support and remedial services, including instructional and behavioral interventions and accommodations.

(b) The educational support system shall:

(1) Be integrated to the extent appropriate with the general education curriculum.

(2) Be designed to increase the ability of the general education system to meet the needs of all students.

(3) Be designed to provide students the support needed regardless of eligibility for categorical programs.

(4) Provide clear procedures and methods for handling a student who disrupts a class and shall include provision of educational options, support services and consultation or training for staff where appropriate. Procedures may include provision for removal of the student from the classroom for as long as appropriate, consistent with state and federal law.

(5) Ensure collaboration with families, community supports and the system of health and human services.

(c) Each educational support system shall include an educational support team which shall:

(1) Provide a procedure for timely referral for evaluation for special education eligibility when warranted.

(2) Be composed of staff from a variety of teaching and support services positions.

(3) Screen referrals to determine what classroom accommodations and remedial services have been tried.

(4) Assist teachers in planning and providing services and accommodations to students in need of classroom supports or enrichment activities.

(5) Maintain a written record of its actions.

(d) No individual entitlement or private right of action is created by this section.

(e) The commissioner shall establish guidelines for teachers and administrators in following federal laws relating to provision of services for children with disabilities and the implementation of this section.

(f) It is the intent of the general assembly that a gifted and talented student shall be able to take advantage of services that an educational support team can provide. It is not the intent of the general assembly that funding under chapter 101 of this title shall be available for a gifted and talented student unless the student has been otherwise determined to be a student for whom funding under that chapter is available.

Approved: April 13, 1998